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27 November 2017

Canadian Copyright Law Update

Are you keeping up with recent Canadian copyright law news?

Recent Canadian Copyright Law Court Cases

In late September 2017, Copibec announced its copyright challenge in Canada against Université Laval. A favorable decision for Copibec was rendered on 27 November 2017 rejecting the University’s request for a suspension of the class action proceedings until the Federal Court of Appeal releases its ruling in the York University appeal (see paragraph below).

On 31 July 2017, York University announced it would appeal the recent federal court fair dealing decision against them initiated by Access Copyright. York filed its Notice of Appeal on 22 September 2017. A summary of the court decision is here.

Canadian Copyright Act Review

We’re all awaiting details of the statutory five year review of the Canadian Copyright Act that will take place in late 2017.

The review of the Copyright Act was mandated by the 2012 Copyright Modernization Act (CMA) “to ensure it remains responsive to a changing environment.” The CMA, amongst other things, introduced expanded purposes for fair dealing and a notice and notice system for infringing materials on websites. Canadian Copyright law will be the subject of much discussion in 2017 and 2018.

Copyright Board Consultation

In August 2017, the government launched its consultation on reforming the Copyright Board of Canada and in the Creative Canada report mentioned below, the government mentions that they are seeking public input and advice on proposals to reduce the Board’s workload and to clarify its mandate and processes in order to make its workload more efficient. The report claims that reforms will be presented in 2018.

Canada’s Roadmap for Canadian Creators

On 28 September 2017, the Honorable Mélanie Joly, Minister of Canadian Heritage, announced Creative Canada – A Vision for Canada’s Creative Industries, a roadmap on the government’s support for Canadian creators and those who help them deliver their content in Canada and internationally. This policy report mentions the lunch of the Parliamentary review of the Canadian Copyright Act and states:

A Parliamentary review of the Copyright Act is mandated to start in 2017. The Government will set the review in motion, and Parliamentarians will lead on its scope and process. The time is right to take another good look at copyright, to make sure that the regime is meeting its many policy objectives. It is critical that Canada’s creators are equipped to take full advantage of the opportunities presented by the digital environment. Canadians value creative content, and enjoy, share and interact with it every day. Many creators indicate, however, that they are struggling to receive payments for the use of their work, even when there is an increasing demand for their content, especially online. New technologies and new players have disrupted traditional business models – they offer powerful prospects for new business models and revenue streams.

Copyright has an important role to play, as one tool that can position creators for success in a competitive, global marketplace. Our copyright framework remains a vital part of our creative economy, and will continue to do so in the future. A well-functioning copyright regime should empower creators to leverage the value of their creative work, while users continue to enjoy access to a wide range of diverse cultural content.

Canadian Copyright Reform and Court Cases in 2012

The last time we were consumed with a variety of copyright news was in the summer of 2012; that was an important time for Canadian copyright law:

On 29 June 2012, the Copyright Modernization Act received Royal Assent, and after 15 years and many failed attempts significant legislative changes were made to the Canadian Copyright Act.

These amendments make Canada eligible to join the two digital copyright treaties, The Copyright Treaty and The Performance and Phonograms Treaty, bringing Canada’s copyright laws in alignment with many of her trading partners. These internet treaties are under the auspices of the World Intellectual Property Organization (WIPO).

Learn more about Canadian copyright law and these recent developments in our unique online Canadian copyright law courses: Canadian Copyright Law eTutorial and the Certificate in Canadian Copyright Law. Our courses are designed to educate librarians and other non lawyers and help you navigate everyday copyright and licensing issues.